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Food and Beverage News and Trends

Vermont AG defends the state’s GMO statute. On August 8, the Vermont attorney general filed a motion to dismiss a case brought by food trade groups against the state’s newly enacted statute requiring GMO foods be...more

UPDATE: D.C. Circuit Clarifies Standard for Required Factual Disclosures

The D.C. Circuit issued its en banc opinion in American Meat Institute v. U.S. Department of Agriculture. The Court agreed with the panel's decision and specifically held that the test for assessing government mandates...more

FDA Issues Distribution of Risk Information Draft Guidance Amid Asserted Push to Release Guidance on Manufacturer Communications

The U.S. Food and Drug Administration (FDA or the Agency) issued the June 6, 2014, draft guidance (Draft Guidance) in response to stakeholder inquiries into the Agency’s views on disseminating new scientific or medical...more

FDA Issues Draft Guidance Relating to Distribution of New Risk Information for Approved Drugs and Biologics and Grants Two Citizen...

On June 6, 2014, the Food and Drug Administration (“FDA”) issued two documents that reflect the agency’s ongoing effort to clarify its regulatory approach regarding manufacturer communication of scientific and medical...more

Exactly How Much Omega-3 Is in There?

On April 28, 2014, the Food and Drug Administration (FDA) issued a Final Rule prohibiting certain "nutrient content claims" for docosahexaenoic acid (DHA), eicosapentaenoic acid (EPA), and alpha-linolenic acid (ALA) omega-3...more

MoFo New York Tax Insights - Volume 5, Issue 4 - April 2014

In This Issue: City ALJ Holds First Amendment Requires Exercise of Discretionary Authority for Sourcing Receipts from Providing Credit Ratings; Tribunal Affirms Partial Day Count for Statutory Residency Purposes; ALJ...more

MoFo New York Tax Insights - Volume 5, Issue 4 - April 2014

In This Issue: City ALJ Holds First Amendment Requires Exercise of Discretionary Authority for Sourcing Receipts from Providing Credit Ratings; Tribunal Affirms Partial Day Count for Statutory Residency Purposes; ALJ...more

Food Litigation Newsletter - January 23, 2014

In This Issue: - Recent Significant Developments and Rulings ..Court Denies Class Certification in Class Action Suit Against Ben & Jerry’s ..FDA Declines to Revise Policy on “Natural” Food Labels ..Court...more

FDA Refuses to Settle “All Natural” Debate

The U.S. Food and Drug Administration (FDA) has officially refused requests from several courts (discussed here and here) for a determination of whether and under what circumstances food products containing genetically...more

Fenwick Employment Brief - September 2013: EEOC Sued for Unauthorized Mass Solicitation E-mail to Company Employees

After sending 1,330 e-mails to employees of Case New Holland, Inc. and its affiliates in an alleged effort to solicit plaintiffs to commence a class action lawsuit, the federal EEOC found itself on the receiving end of a...more

FDA Emphasizes Patient-Specific Prescriptions

On March 7, 2013, the United States Food and Drug Administration (FDA) issued a warning letter to compounding pharmacy Medi-Fare Drug & Home Health Center (Medi-Fare Drug), taking the FDA's most aggressive position to date...more

Spirit Airlines v. U.S. Dep’t of Transportation

Brief Of Amici Curiae CATO Institute And The National Federation Of Independent Business Small Business Legal Center In Support...

It is axiomatic that the freedom of speech is vitally important to our democratic society and that being able to criticize the government is at the core of this freedom. Yet government officials are constantly inventing new...more

Court of Appeals Rules Employee Efforts To Take Over Editorial Control At Newspaper Unprotected By NLRA

An issue we have discussed previously is whether all employee action that is “concerted” is also protected by the NLRA. We have seen that maliciously false statements made to third parties are unprotected. But what about when...more

Does Misdemeanor Misbranding Survive Caronia?

The Court of Appeals for the Second Circuit sent shockwaves through the pharmaceutical industry with its decision in United States v. Caronia. Alfred Caronia was a pharmaceutical sales representative convicted of a...more

Court’s Ruling about Off-Label Drug Promotion Defies Reason

Last week a federal appeals court made a ruling that chips away at a fundamental aspect of the FDA's gatekeeping function with new drugs. The court tossed a conviction of a drug sales representative who was promoting drugs...more

Second Circuit Holds that Criminal Penalties for Pharmaceutical Sales Representative’s Off-Label Promotion Violate the First...

On December 3, 2012, the United States Court of Appeals for the Second Circuit issued an opinion that stands to transform the regulatory landscape in which pharmaceutical and medical device companies operate. In recent...more

Second Circuit Holds Food, Drug and Cosmetic Act Does Not Prohibit Off-Label Promotion

In a significant blow to the U.S. government’s enforcement efforts against the pharmaceutical industry, a panel of the Second Circuit overturned the conviction of a pharmaceutical sales representative for conspiracy to...more

Domain Names and the First Amendment: The Latest Word

The intersection of domain names and the First Amendment is not new. Indeed, in the early days of the domain name system, courts considered the issue of whether a domain name registrar could prohibit the registration of...more

CBb 22 juni 2012, CR 2012/187 (SURFnet/OPTA) m.nt. P.M. Waszink en H.P. Wiersema

Uitspraak van het CBB in beroep en in hoger beroep. SURFnet is geen aanbieder van een openbaar elektronisch communicatienetwerk of een openbare elektronische communicatiedienst. Of sprake is van het aanbieden van een openbaar...more

POM Loses a Round in Its Advertising Dispute With FTC, But Battle Continues

POM Wonderful LLC recently received a setback in its longstanding dispute with the Federal Trade Commission. On Sept. 30, 2012, U.S. District Judge Richard Roberts in the District of Columbia dismissed the juice maker’s...more

Jackson Walker VIA Media Postcard - September 2012

In This Issue: - Chip Babcock Communique: The government should think twice before suing Matt Bissonnette for his eyewitness account of the Osama Bin Laden raid in No Easy Day. - In Memoriam: When Ann...more

Off-Label Marketing: Fines and Industry Exclusion

It is important to weigh enforcement risks with perspective. The Justice Department’s biggest FCPA enforcement year was approximately $1.4 billion in 2010. The Justice Department doubled that amount in the off-label...more

Pridgen v. University of Calgary, 2012 ABCA 139

Two students found guilty of non-academic misconduct by university on account of Facebook postings derogatory towards instructor. On judicial review, university decision quashed by Alberta Court of Queen's Bench under...more

DIAGRAMA DE DECISION PARA LA PUBLICACION DE IMAGENES DE MENORES

Herramientas para la gestión del Derecho de Imagen. I Diagrama de decisión para la publicación de la imagen de menores En la publicación de la imagen de menores de edad han de tenerse en cuenta...more

Click With Caution: What Employers Should Know Before Conducting Social Media Background Checks on Prospective Employees

With the proliferation of social media sites such as blogs, Facebook, and LinkedIn, and their increasing prominence in the business realm, it is not surprising that employers have begun to access the information posted on...more

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